Ballew v. State

KRUEGER, Judge.

The offense is an assault with intent to murder with malice. The punishment assessed is confinement in the State penitentiary for a term of two years.

The testimony adduced by the State, briefly stated, shows that in the early part of the night the officers overtook appellant in his car going in the direction of the negro section of the town of Memphis. They stopped him, searched his car for whisky and found two pints which they placed in the officers’ automobile. Appellant reached in the car, took the whisky and threw it in the weeds. One of the officers knocked appellant down.…